Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 66846 (ALL)

SURESH RAJBHAR v. STATE OF U.P. AND ANOTHER

NA529/1923/2025 · 2025-07-21

Nalin Kumar Srivastava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:119255 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 1923 of 2025 Applicant :- Suresh Rajbhar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anish Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. This application under Section 529 BNSS has been filed with a prayer to direct the court concerned to decide the Misc. Application dated 11.02.2025 filed in Case No. 4/2011 (New Case No. 216 of 2013), under Sections 12 Protection of Women from Domestic Violence Act, Police Station Mohamdabad,, District- Ghazipur pending in the Court of Judicial Magistrate, Court No.2, Mohamdabad Ghazipur expeditiously within stipulated period. 2. Heard learned counsel for the applicant as well as learned A.G.A. for the State. 3. It is submitted by the learned counsel for the applicant that the applicant before this Court is the husband of opposite party no.2. It is further submitted that an order was passed by the Court against the applicant himself for grant of monthly maintenance amount to opposite party no.2, the wife. It is further submitted that the applicant is employed in the army and due to some office mistake a huge amount of maintenance was extra paid, which is amounting about Rs.7 lacs in favour of opposite party no.2. It is further submitted that an application was made by the husband/ applicant before the Court for return of the extra amount given in favour of opposite party no.2 but no order has been passed in the said application by the Court concerned to return of extra maintenance amount in favour of the applicant. 4. Learned AGA opposed the prayer. 5. I have considered the submissions and perused the record. 6. In the circumstances, the Court concerned is directed to decide the aforesaid application within three months from the date of production of certified copy of this order before it. It is further directed that no unnecessary adjournment will be sought/granted. 7. It is also made clear that the Court / Presiding Officer is not the only stake holder of the trial and disposal of a case, hence, besides the P.O. concerned, all the stake holders i.e. police and execution authorities, advocates, parties to the case, staff etc. are also made bound by this order and it will be their responsibility also to assist the Court in every manner for the expeditious disposal of this case. 8. With the above observations, the application stands disposed of. Order Date :- 22.7.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad